Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Hungary

Interim measures in view of confiscation (504)

1. MEASURE IMPLEMENTATION

Hungary

Is this measure possible in your Member State under International Judicial Cooperation?

Yes, it is possible. According to Section 96 (1) of Act No CLXXX of 2012 on the Cooperation with the Member States of the European Union in Criminal Matters the main interim measures applicable to ensure the object of future confiscation are seizure (to ensure that the things are at the disposal – taking custody thereon or ensuring its preservation in other way - of the court, the prosecutor and the investigating authority) and (preliminary) sequestration (the suspension of the right of disposal over assets and property rights).

2. LEGAL FRAMEWORK

Hungary

International legal framework applicable for this measure in your Member State

Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence; Articles 5 and 6 of the European Convention on mutual legal assistance in criminal matters of 20 April 1959; Chapter III of the Law of 13 May 1996 relating to combating money laundering and drug trafficking and international cooperation for the purpose of seizing and confiscating the proceeds of crime; Council of Europe Convention on laundering, search, seizure and confiscation of the proceeds of crime (Strasbourg - 8 November 1990) aimed at imposing protective measures on these objects, products, equipment, materials and goods. Article 1 of the Law of 14 November 1990 amending the provisions of Article 5 of the United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances adopted in Vienna on 19 December 1988.

3. COMPETENT AUTHORITY TO:

Hungary

* receive the request/decision for judicial cooperation

The district court, the prosecutor, and the investigating authority are entitled to receive the request on seizure, while requests on sequestration shall be received by the district court. Jurisdiction of the competent authority shall be defined according to the actual location of the objects of the measure.

* execute/recognise the measure (if other than the receiving authority)

N/A

4. ACCEPTED LANGUAGES

Hungary

Accepted languages for the request/decision

For recognition according to the Framework Decision both the decision and the certificate have to be translated into Hungarian. For other legal instruments, a translation of the request for assistance and documents annexed thereto into either Hungarian or any of the official languages of the Council of Europe will be required if they are not drawn up in these languages.

5. EXECUTION DEADLINE

Hungary

Deadlines for the execution of the request/decision (where applicable)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Hungary

a. Special requirements

In case of offences listed in Art. 3 (2) of the Framework Decision a ruling on enforcement can be taken without verification of the double criminality of the act if they are punishable in the issuing Member State by a custodial sentence or a detention order for a maximum period of at least three years.

b. Other useful information

Any other kind of official document may be accepted instead of the certificate if it contains all the data needed to take a decision on recognition. The competent judicial authority may postpone the execution of a freezing order where its execution might endanger the outcome of ongoing national criminal proceedings.

Last reviewed on 6 July 2016 by EJN Secretariat

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